Hong Kong Case Law: Decisions & Judgments

Topic

Aggravation

Legal area

Court

15 Jun 2006

CHAN CHEUK CHUEN v. POK OI HOSPITAL operating as POK OI HOSPITAL TANG PUI KING MEMORIAL COLLEGE

Citation

CHAN CHEUK CHUEN v. POK OI HOSPITAL operating as POK OI HOSPITAL TANG PUI KING MEMORIAL COLLEGE
Court

Court of First Instance
Case number

HCPI992/1999

The plaintiff failed to prove on the balance of probabilities that he had significant exposure to hydrochloric acid prior to or beyond the two September 1996 incidents and failed to prove that he suffers from bronchiectasis; consequently he did not establish causation or that any exposure materially aggravated bronchiectasis, and his claim is dismissed.
12 Jan 2001

LI WEI v. BRIGHTEC LTD. AND OTHERS

Citation

LI WEI v. BRIGHTEC LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA4430/2000

The article was found plainly libellous; the plaintiff proved serious reputational and business harm; the defendants did not appear or retract or apologise, which aggravated the injury; applying authorities on the purpose of libel damages and aggravation the court awarded a single sum of $150,000 as adequate compensation and exemplary damages to vindicate the plaintiff and compensate loss and injured feelings.
10 Jun 1999

HKSAR v. CHAN PUI CHI

Citation

HKSAR v. CHAN PUI CHI
Court

Court of Appeal
Case number

CACC706/1997

Leave to appeal out of time was refused and the 14-year aggregate sentence was upheld because the two counts' narcotic amounts were properly treated together, the sentence fell within the applicable Lau Tak-ming bands, and the applicant's extensive history of similar convictions and failure to be deterred justified an increased sentence for deterrence and public protection.
26 Apr 1979

CHAN KIN-WAH AND OTHERS v. THE QUEEN

Citation

CHAN KIN-WAH AND OTHERS v. THE QUEEN
Court

Court of Appeal
Case number

CACC773/1978

Corporal punishment was inappropriate for the 3rd and 4th Appellants charged with robbery and therefore those orders were set aside; corporal punishment was justified for the 1st and 2nd Appellants because the knife was actually used to stab a pinioned victim, but the number of strokes imposed was excessive and must be reduced to six each; imprisonment terms were left intact.
3 Jan 1979

LAM CHI-WAI v. THE QUEEN

Citation

LAM CHI-WAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC820/1978

Caning imposed in addition to a substantial term of imprisonment was inappropriate in this case because there were no circumstances of special aggravation; the court set aside the caning and substituted a sentence of four and a half years on the first charge.
12 Dec 1968

MA FAI v. THE QUEEN

Citation

MA FAI v. THE QUEEN
Court

Court of Appeal
Case number

CACC698/1968

The sentence was not interfered with because the offence involved a threat with a knife, required deterrence given its prevalence, and the appellant's antecedents did not render the term excessive; therefore the appeal against sentence was dismissed.

Hong Kong Case Law

CHAN CHEUK CHUEN v. POK OI HOSPITAL operating as POK OI HOSPITAL TANG PUI KING MEMORIAL COLLEGE

LI WEI v. BRIGHTEC LTD. AND OTHERS

HKSAR v. CHAN PUI CHI

CHAN KIN-WAH AND OTHERS v. THE QUEEN

LAM CHI-WAI v. THE QUEEN

MA FAI v. THE QUEEN